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6 Cards in this Set
- Front
- Back
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Objection 1 to a Purpose Trust |
The Beneficiary Principle; unless someone can enforce the trust, no obligations can be put on the trustee. AG is responsible for enforcing CT but no such person for PTs. Re Denleys Trust Deed trusts which are directly or indirectly for the benefit of an individual(s) may stand as valid if not too indirect or vague (beneficiaries will need locus standi) |
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Objection 2 to a Purpose Trust |
The Need for Clarity and Certainty; where lacking, the court can control the performance, as per Morice v Bishop of Durham objects of benevolence and liberality. Re Astor's Settlement various non-char objects incl co-operation between nations. Lack of certainty and lack of beneficiaries. |
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Rule Again Perpetuities, Rule Against Inalienability |
Must not offend either if it is to stand. RAP limits trusts to a period of live or lives in being plus 21 years. If there is no life in being, then 21 years. Re Hooper courts flexible with time. Phrase 'as long as law will allowed' was deemed 21 years and valid. Musssett v Bingle £300 to build monument ok but £200 for maintenance invalid for RAI. |
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Exception 1 of General Principles |
Tombs and Monuments - Not Charitable Mussett v Bingle 21 years is ok Re Endacott these monument trusts must also meeth the requirement for certainty. "a useful memorial to myself" was too wide and uncertain. |
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Exception 2 of General Principles |
Animals; gifts for specific animals are seen as non-charitable purpose trusts. Re Dean £750 p/a for 50years care of his horses. Upheld. Re Kelly gift for care of certain animals must meet RAP. Limitation of 21 years inferred as human life the only "life" measurement. |
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Exception 3 of General Principles |
Trusts for Unincorporated Associations; not possible. Must be to members themselves (Re Byrne to members of Jesuit association) or under the Contract Holding Theory (Re Recher's Will Trust a gift to Anti-Vivisection under Contract Holding Theory) |
